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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 2,630,40 as well as to the plaintiff on December 2014.
Reasons
1. Basic facts
A. The plaintiff is not more than B vehicles and the plaintiff's vehicle between the non-party A.
the insurer who entered into a comprehensive automobile insurance contract with the non-party C, and the defendant is not more than D vehicle.
The insurer is an insurer who has entered into an automobile comprehensive insurance contract.
B. At around 12:20 on June 6, 2014, Nonparty E driven the Defendant’s vehicle and driven the Defendant’s vehicle at a shooting distance from the entrance of the red-distance distance of the Sinsan ex-beon of Sinsi, which is about a speed of 51 km to 60 km from the direction of the Sinsan Station in the direction of the Korean Railroad Museum, followed by a one-lane from the direction of the Sinsan Station in the direction of the Sinsan Station, Nonparty E met the right part of the Plaintiff’s vehicle driven by Nonparty F in accordance with the direction of the site area in the direction of the Sinsan Station.
hereinafter referred to as "the accident of this case"
(c) On June 24, 2014, the Plaintiff paid KRW 4,384,00 to Hyundai Motor Co., Ltd. as the repair cost of the Plaintiff’s vehicle. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 8 (including paper numbers, as well as Eul evidence Nos. 1 and 2, and the purport of the whole pleadings and arguments.
2. Determination on the cause of the claim
A. Since the instant accident occurred due to negligence in violation of the driving and intersection passing method by the Plaintiff’s vehicle driver, it is reasonable to calculate the error ratio of E, the driver of the Defendant vehicle, as 60%.
B. The following facts and circumstances recognized by the statements in Gap evidence 2 to 4 and 8, i.e., the location in which the accident occurred, namely, the signal, etc. existed but was on-and-off; in the case of a crosssection in which signal, etc. is on-and-off, the first right to preferential traffic is available to the vehicle entering the intersection; the last vehicle approaching the intersection has a right to preferential traffic by operating the brake and steering gear properly, temporarily stop the vehicle or speed the vehicle; and first, the vehicle entering the intersection confirms that the vehicle passes through the intersection, except in extenuating circumstances.